K1 visa filing for AOS

[Jenny&Andrew 0]

Hello all! My now husband has been in the US since January. We got married March 28th, 2012 under the K1 visa, within the 90 days of his I94. We've had a few setbacks so we have not been able to file his AOS. We are going to file at the end of August. I am curious to know if I waited too long to send this information out to the USCIS. Is he considered illegal at this point? Do you think we will have any issues once the information is sent to the USCIS? I've been supporting both of us on my salary alone, he hasn't applied for a SSN nor has he been working.

Thank you in advance!

Jenny

Edited August 15, 2012 by Jenny&Andrew

[USAmale 1]

Hi, I am in exactly the same situation as you are with my K-1 visa wife,,,

I have been told by many people here that once you marry within the 90 day period,

that USCIS will 'forgive'' a delay of some months if you waited to adjust your status..does that help you?

USAmale

[Nich-Nick 3,354]

Hello all! My now husband has been in the US since January. We got married March 28th, 2012 under the K1 visa, within the 90 days of his I94. We've had a few setbacks so we have not been able to file his AOS. We are going to file at the end of August. I am curious to know if I waited too long to send this information out to the USCIS. Is he considered illegal at this point? Do you think we will have any issues once the information is sent to the USCIS? I've been supporting both of us on my salary alone, he hasn't applied for a SSN nor has he been working.

Thank you in advance!

Jenny

It will be fine. Just do it as soon as you can. He is accruing overstay days (past his original 90) but that won't be a problem for getting approved.

[F & J 21]

My husband and I got married in August 2009 (2 months into my 90 days on my K-1 visa) but we didn't file for AOS until January 2010 because we wanted to make sure we had everything we needed for the packet. Right now your husband is in a sort of immigration limbo - I don't think he's accruing overstay days because he's not in the U.S. illegally and he fulfilled the terms of the K-1 visa. There is no official timeline or deadline (that I know of) to file AOS. I guess they expect you to file ASAP because otherwise, you really can't do anything in the U.S. (such as drive or work)...

Edited August 15, 2012 by F & J

[F & J 21]

BTW, I asked my hubby and he said we actually called USCIS about the deadline for AOS before my I-94 expired and they said that I wouldn't be out of status because we got married within 90 days of my arrival but that we should file for AOS as soon as possible. Come to think of it, I do remember that call because I was very distraught and thought we would get in trouble if we filed after my I-94 expired.

[Jenny&Andrew 0]

BTW, I asked my hubby and he said we actually called USCIS about the deadline for AOS before my I-94 expired and they said that I wouldn't be out of status because we got married within 90 days of my arrival but that we should file for AOS as soon as possible. Come to think of it, I do remember that call because I was very distraught and thought we would get in trouble if we filed after my I-94 expired.

Thank you so much for your responses! This whole process is so overwhelming and it's hard to know if you're doing it right. I really appreciate all of your responses! We just take things one day at a time, and feel so blessed to be together!

Thanks again

[F & J 21]

Thank you so much for your responses! This whole process is so overwhelming and it's hard to know if you're doing it right. I really appreciate all of your responses! We just take things one day at a time, and feel so blessed to be together!

Thanks again

You're welcome!!! I know how hard it is to wait during the whole immigration process but being with the one you love makes it easier. VisaJourney has been such a huge help to us from the beginning (our I-129F petition in 2009) and until now (our ROC just got approved) so I always try to help out others when it's something I'm familiar with BTW, since you're adjusting from a K-1 visa, make sure to post in the Adjustment of Status (Green Card) from Family Based Visas forums http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ whenever you have questions ^__^

[Krikit 1,164]

Moving from AOS From Work, etc, Process to AOS From Family-Based Visas.

[Brad and Vika 129]

Hi, I am in exactly the same situation as you are with my K-1 visa wife,,,

I have been told by many people here that once you marry within the 90 day period,

that USCIS will 'forgive'' a delay of some months if you waited to adjust your status..does that help you?

USAmale

You posted elsewhere that your wife also wanted to leave the US, among other things. Does she know that while the AOS is adjudicated (you stated that she had no AP) she may be stuck here? Unless you want to take her the new green card in Peru.